Logourl black

Robertson v. Levy

Court of Appeals for the District of Columbia Circuit
197 A.2d 443 (1964)


Facts

Robertson (plaintiff) and Levy (defendant) entered into an agreement, under which Levy was to form Penn Ave. Record Shack, Inc. (Penn Ave.) to purchase Robertson’s business. Levy submitted articles of incorporation for Penn Ave., but they were rejected. Robertson assigned his lease to Levy as president of Penn Ave., and Levy began to operate the business under the same name. Robertson executed a bill of sale disposing of his business assets to Penn Ave. in return for a note providing for installment payments, signed “Penn Ave. Record Shack, Inc. by Eugene M. Levy, President.” The certificate of incorporation was later issued to Penn Ave., and one payment was made on the note. Penn Ave. ceased doing business and is now without assets. Robertson sued Levy for the balance due on the note. The trial court found for Levy, holding that § 139 of the 1950 Model Business Corporation Act does not apply and that Robertson was estopped from denying the existence of the corporation. Robertson appeals.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Hood, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 86,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 12,053 briefs - keyed to 161 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now